Appeal against decision regarding weekly compensation - Section 149 Accident Compensation Act 2001. Found that recalculation of appellant's shareholder salary for the relevant year has been appropriate and proper. Outcome: present appeal struck out.
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Appeal against decision regarding weekly compensation - Section 149 Accident Compensation Act 2001. Found that recalculation of appellant's shareholder salary for the relevant year has been appropriate and proper. Outcome: present appeal struck out.
Personal Injury – Section 26; Causation, Accident Compensation Act 2001. Appeal against a decision declining cover for a neck sprain. Whether the appellant suffered an injury, namely a neck sprain, which was the subject of a claim for cover lodged by the appellant’s GP. On the balance of probabilities, evidence establishes that the appellant did suffer an injury on while pressing weights. ACC’s decision declining cover is reversed. Outcome: appeal allowed.
Claim for costs on appeal. Respondent ordered to pay Appellant $3,972.25 ($3,772.25 costs and $200 disbursements). Appeal allowed.
Claim for costs - Part 14 District Court Rules 2014. Appellant is entitled to costs. Outcome: Appeal allowed. Appellant awarded $22,442.50 costs and $11,695.39 disbursements.
Claim for costs on appeal. Appellant discontinued the proceeding and is not entitled to costs. Outcome: claim dismissed.
Treatment Injury - ss 20, 26, 32 and 33, Accident Compensation Act 2001. Appeal against decision declining cover for progressive renal stenosis. Progressive renal stenosis a natural and inevitable consequence of a non-covered pre-existing underlying health condition. Outcome: appeal dismissed.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Whether interests of justice required the exercise of discretion to sustain her application for leave to file her appeal out of time. Delay arose out of understandable error, rather than a change of mind or indecision. Interests of justice established for appeal. Outcome: appeal granted.
Leave to appeal to the High Court s 162 Accident Compensation Act 2001.Whether the Corporation, reviewer and the Court incorrectly declined appellant funding for disability assist dog training. The appellant failed to identify a question of law that is serious and arguable. Outcome: leave to appeal dismissed.
Work-related gradual process - s 30 Accident Compensation Act 2001. Appeal of decision that quashed declining cover for work-related gradual process injury. Whether shoulder injury was work-related gradual process injury. Workplace assessment occurred after review decision. Outcome: review decision quashed. Order directing another review by different Reviewer considering all evidence.
Claims process, Accident Compensation Act 2001. Appeal against decision dismissing appellant's review applications because of lack of jurisdiction. Appeals lodged outside of statutory time limits and leave to file the reviews late had not been granted. Outcome: appeal dismissed.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Whether interests of justice required the exercise of discretion to sustain his application for leave to file his appeal out of time. Delay arose out of error or inadvertence. Interests of justice established for appeal. Outcome: appeal granted.
Vocational independence s 107 Accident Compensation Act 2001. Whether the respondent correctly found that the appellant had attained vocational independence. Respondent correctly determined that the appellant had achieved vocational independence in three job options. Outcome: appeal dismissed.
Treatment injury - s 32 Accident Compensation Act 2001. Appeal against review decision declining cover for hepatitis C as a treatment injury. The appellant failed to prove, on the balance of probabilities, that the hospital care he received for a brain bleed caused the infection. Outcome: appeal dismissed. Review decision upheld.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Notice of Appeal missorted by the postal service. Whether interests of justice required the exercise of discretion to sustain his application for leave to file his appeal out of time. Delay arose out of understandable error rather than indecision. Interests of justice established for appeal. Outcome: appeal granted.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Whether interests of justice required the exercise of discretion to sustain her application for leave to file her appeal out of time. Interests of justice established for appeal. Delay arose out of error or inadvertence rather than indecision. Outcome: appeal granted.
Leave to appeal to High Court - s 162 Accident Compensation Act 2001. Applicant seeks leave to appeal to the High Court against a judgment of the District Court in this matter. Applicant submits the judge overlooked important documents. Argument that the judge has erred in his treatment of facts so as to amount to an error of law is not supported. Applicant failed to make out grounds for leave to appeal. Outcome: appeal dismissed.
Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. Whether interests of justice required the exercise of discretion to sustain her application for leave to file her appeal out of time. Interests of justice established for appeal. Appeal significant to Appellant. Outcome: appeal granted.
Claim for overseas rehabilitation costs - s 128 Accident Compensation Act 2001. Appeal of Reviewer's decision. Reviewer dismissed application for review of Corporation's decision. Corporation declined application for overseas treatment of selective dorsal rhizotomy. Outcome: appeal dismissed.
Claim for costs - Accident Compensation Act 2001. Appeal against review of decision declining entitlement to funding for back surgery. Whether appellant’s condition was traumatic in origin, or the result of a pre-existing degenerative condition. Appellant’s disc prolapse was traumatic in origin. Outcome: appeal allowed. The appellant is entitled to costs.
Impairment assessment - Part 3, Schedule 1 Accident Compensation Act 2001. Appeal from decision that dismissed application for lump sum compensation in respect of appellant's post-traumatic stress disorder. Appellant has not established the impairment assessment on which the Corporation based its decision to decline her application for a lump sum payment of compensation for her impairment, was incorrect. Previous decision of reviewer upheld. Outcome: appeal dismissed.
Leave to Appeal to the High Court - s 162(1) Accident Compensation Act 2001. Whether sufficient grounds, as a matter of law, to sustain her application for leave to appeal. No question of law capable of bona fide and serious argument. Outcome: appeal dismissed.
Leave to appeal to the High Court - s 162(1) Accident Compensation Act 2001. Whether sufficient grounds, as a matter of law, to sustain her application for leave to appeal. No question of law capable of bona fide and serious argument. Outcome: appeal dismissed.
Leave to appeal to the High Court - s 162(1) Accident Compensation Act 2001. Whether sufficient grounds, as a matter of law, to sustain her application for leave to appeal. No error of law capable of bona fide and serious argument. Outcome: appeal dismissed.
Cover issues, causation, gradual process, personal injury – ss 20(2), 25, 26, 30 Accident Compensation Act 2001. Appeal against decision declining a claim for tuberculosis. Insufficient evidence appellant contracted tuberculosis. Outcome: appeal dismissed.
Suspension of Entitlement - s 72 and s 117(3) Accident Compensation Act 2001. Whether respondent correct to decline the Appellant's weekly compensation for refusing to undergo a medical assessment. No reasonable period given before suspension of weekly compensation. Outcome: appeal granted.